Nebraska Supreme Court Self-Represented Litigation Committee

The United States Supreme Court has recognized that natural persons have a right to represent themselves, which it described as "a basic right of free people." Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). Nebraska has said an individual may represent him or herself and participate in trials and legal proceedings on his or her own behalf. Waite v. Carpenter, 1 Neb. App. 321, 496 N.W.2d 1 (1992)(citing State v. Warford, 223 Neb. 368, 389 N.W.2d 575 (1986). The Nebraska Constitution at art. I § 13 provides "all courts shall be open, and every person, for any injury done him or her in his or her lands, goods, persons or reputation, shall have a remedy by due course of law and justice administered without denial or delay." This provision is often referred to as the "open courts" clause. It is in the spirit of these laws that the Nebraska Supreme Court Committee on Self-Represented Litigation was formed.